From Canada you can have inherited land in India mutated in your name, or release your share to a sibling, without travelling. Mutation (intkal) is applied for by your attorney holder with the death certificate and heirship proof. A release in favour of a brother or sister is made by a registered relinquishment deed, signed under an apostilled power of attorney that specifically authorises it.
- Document route
- Notary + apostille, or Indian mission
- Time difference
- 9.5 to 13.5 hours behind IST
- Handled in India at
- Sub-registrar and revenue office
- Travel to India
- None
How it works from Canada
We obtain the current record of rights, identify all heirs and prepare the application to the Patwari and Tehsildar. A public notice invites objections, and the entry is sanctioned if none is upheld. Where a mutation has already been sanctioned leaving you out, an appeal lies to the Collector, and we file it with an explanation of when you came to know.
Many Canadian clients do not want the land and prefer to transfer their share to family in India. A relinquishment deed is the right instrument between co-heirs and usually attracts low stamp duty; a gift deed is used where the recipient is not a co-owner. Either must be registered. Your Canadian notary notarises the power of attorney and the provincial or federal authority apostilles it.
What is different for NRIs in Canada
- Mutation does not create title but is essential for sale, loan or compensation.
- Agricultural land may be released only to a resident Indian citizen.
- A power of attorney "to manage" does not cover a release or gift.
Step by step from Canada
Free review call
Calls are fixed for your evening or early morning to overlap with Indian office hours. We read your papers on a transfer or mutation first, so the call is about your options and not a repeat of the facts.
Authority from Canada
Where a representative must act for you in India on a transfer or mutation, you sign before a Canadian notary and obtain the federal or provincial apostille, or attend the Indian mission for your province. We draft the document and send signing instructions.
Work in India
In India, we obtain the heirship or title papers, file the mutation application and follow it until the order is passed and the record updated. Updates for clients in Canada go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the certified mutation entry and updated tax and utility records. Originals are couriered to your address in Canada if you need them.
The law in full
This page covers what changes when you handle a transfer or mutation from Canada. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Property Transfer & Mutation. For other matters, see all legal services for NRIs in Canada or the Property & Real Estate practice area.
Questions from NRIs in Canada
How do I transfer my land in Punjab to my brother from Canada?
By a registered relinquishment deed executed by your attorney holder in India under an apostilled power of attorney naming the land and the transfer.
Can intkal be done years after my father's death?
Yes, with a small late fee. Delay does increase the risk of someone else obtaining an entry, so apply now.
Will Canada tax me when I give up my share?
A release without payment generally produces no proceeds, but Canadian deemed-disposition rules can apply to transfers. Check with a Canadian accountant.